Commonwealth v. Bracalielly

658 A.2d 755, 540 Pa. 460, 1995 Pa. LEXIS 351
Supreme Court of Pennsylvania·Decided May 16, 1995·Published·Cited by 147 cases

Opinions

MONTEMURO, Justice.

This consolidated appeal requires us to determine whether we should bar the instant prosecutions. Appellants contend that because these prosecutions arise from conduct which forms part of the same criminal episode on which previous prosecutions were based, 18 Pa.C.S. § 110 requires their dismissal. The Commonwealth argues that the instant prosecutions are not based on conduct constituting the same criminal episode as the previous prosecutions and therefore do not violate 18 Pa.C.S. § 110. Because the inquiry as to whether a series of criminal acts constitutes a single criminal episode is fact dependent, we first review the factual history of each case.

Commonwealth v. Bracalielly

This case involves various drug related offenses which occurred over the period from August 7 to August 20, 1990. During this period, Mark Bracalielly (“Bracalielly”) allegedly participated in four transactions involving controlled substances. Two of these transactions occurred in Allegheny County and two occurred in Butler County. Furthermore, on August 20, 1990, the police obtained a warrant, and, upon [464] searching Bracalielly’s Allegheny County residence, discovered various controlled substances and drug paraphernalia.

On August 4,1990, Detective Byers, a member of the North Hills Drag Task Force, was contacted by Michael Deardon, a confidential informant who had been reliable in the past, concerning the possibility of investigating Bracalielly. At this time, Bracalielly resided at 213 Henderson Street in the North Side area of Pittsburgh. Deardon had arranged to buy one eighth of an ounce of cocaine from Bracalielly at the McKnight Seibert Shopping Center in Ross Township. Affidavit For Criminal Complaint of Dets. Byers & Herb, 9/20/90 (violation date 8/7/90).

August 7, 1990 — Allegheny County

On August 7, 1990, Deardon met with Bracalielly at Maggie Mae’s in the McKnight Seibert Shopping Center. Several detectives maintained surveillance inside and outside the restaurant. Deardon and Bracalielly exited the restaurant and proceeded to a grey Chevrolet Cavalier, where Deardon purchased 3.32 grams of cocaine from Bracalielly for $250. Id. Deardon then made arrangements to purchase one ounce of cocaine in the near future. Id.

Based on this transaction, the Commonwealth charged Bra-calielly with one count each of possession of a controlled substance,1 possession with intent to deliver a controlled substance,2 delivery of a controlled substance,3 and criminal conspiracy.4 Allegheny County Criminal Action No. 9016136.

August 11, 1990 — Butler County5

Butler County authorities began an independent investigation of Bracalielly, using the same informant. During the next [465] four days, Deardon contacted Bracalielly constantly to arrange another transaction. (N.T. 8/29/91 at 15). On August 11, Bracalielly met Deardon in Allegheny County and they traveled to the Cranberry Mall in Cranberry Township (Butler County) where Bracalielly sold additional drugs to Deardon in the parking lot in the presence of a Cranberry Township law enforcement officer. (N.T. 8/29/91 at 7-8). See also (N.T. 6/12/91 at 18-18) (attached as Exhibit B to Defendant’s Memorandum in Support of Motion to Quash); (N.T. 8/29/91 at 7-8). Butler County authorities subsequently charged Bracalielly with possession of a controlled substance,6 delivery of a controlled substance,7 and conspiracy.8 Butler County Criminal Action No. A1054 of 1990.

August 17, 1990 — Allegheny County

On August 16, 1190, Deardon once again contacted Bracal-ielly at his home in Allegheny County. This time arrangements were made for Deardon to purchase one ounce of cocaine for $1,550. Affidavit For Criminal Complaint of Dets. Byers & Herb, 9/20/90 (violation date 8/17/90). The transaction occurred in the early morning hours of August 17,1990, in Ross Township, Allegheny County. Id. Detective Byers accompanied Deardon while other officers maintained surveillance. Id. After the transaction, Deardon surrendered the cocaine to Detective Byers. Lab tests subsequently revealed the presence of 28.55 grams of cocaine. Id.

The Commonwealth once again charged Bracalielly with one count each of possession of a controlled substance,9 possession with intent to deliver a controlled substance,10 delivery of a [466] controlled substance,11 and criminal conspiracy.12 Allegheny County Criminal Action No. 9016135.

August 20, 1990 — Butler County

On August 20, 1990, Deardon again contacted Bracalielly at his Allegheny County home to set up a “reverse sting.”13 (N.T. 8/29/91 at 10). Bracalielly met Deardon in Allegheny County and drove him to the Cranberry Mall in Butler County. Id. at 19. At the Cranberry Mall, Bracalielly was arrested after attempting to purchase one quarter pound of cocaine for $4,000 from Detective Evanson of the Cranberry Township Police. Bureau of Narcotics Investigations and Drug Control Memorandum Report, attached as Exhibit J to Defendant’s Memorandum in Support of Motion to Quash. The Commonwealth charged Bracalielly with possession of a controlled substance,14 possession with intent to deliver a controlled substance,15 criminal conspiracy,16 possession of an instrument of a crime,17 and possession of an offensive weapon.18 Butler County Criminal Action No. B1055 of 1990, attached as Exhibit E to Defendant’s Memorandum in Support of Motion to Quash.

August 20, 1990 — Allegheny County

Free access — add to your briefcase to read the full text and ask questions with AI

Commonwealth v. Bracalielly, 658 A.2d 755, 540 Pa. 460, 1995 Pa. LEXIS 351 (Pa. 1995).

658 A.2d 755 (Commonwealth v. Bracalielly) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Com. v. Ames, K.
2025 Pa. Super. 75 (Superior Court of Pennsylvania, 2025)
Com. v. Flournoy, M.
Superior Court of Pennsylvania, 2025
Com. v. Strok, P.
Superior Court of Pennsylvania, 2024
Com. v. Lowman, Y.
Superior Court of Pennsylvania, 2024
Com. v. Dykes, I.
Superior Court of Pennsylvania, 2024
Com. v. McCord, Y.
Superior Court of Pennsylvania, 2022
Com. v. Eddings, H.
Superior Court of Pennsylvania, 2022
Com. v. Taylor, W.
Superior Court of Pennsylvania, 2021
Com. v. Atkins, S.
Superior Court of Pennsylvania, 2020
Com. v. Stills, M.
Superior Court of Pennsylvania, 2020
Com. v. Corbett, B.
Superior Court of Pennsylvania, 2020
Commonwealth v. Holston
211 A.3d 1264 (Superior Court of Pennsylvania, 2019)
Commonwealth v. Perfetto, M., Aplt.
207 A.3d 812 (Supreme Court of Pennsylvania, 2019)
Com. v. Slebodnick, M.
Superior Court of Pennsylvania, 2018
Reginelli v. Marcellus Boggs, M.D., Monongahela Valley Hosp., Inc.
181 A.3d 293 (Supreme Court of Pennsylvania, 2018)
Commonwealth v. Diggs
172 A.3d 661 (Superior Court of Pennsylvania, 2017)
Com. v. Jordan, G.
Superior Court of Pennsylvania, 2017
Com. v. Hall, F.
Superior Court of Pennsylvania, 2017
Com. v. Davis, E.
Superior Court of Pennsylvania, 2017
Commonwealth v. Perfetto
169 A.3d 1114 (Superior Court of Pennsylvania, 2017)